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CANAL INS. CO. v. LEBANON INS. AGENCY, INC.

No. 1:07CV00050.

504 F.Supp.2d 113 (2007)

CANAL INSURANCE COMPANY, Plaintiff, v. LEBANON INSURANCE AGENCY, INC., Defendant.

United States District Court, W.D. Virginia, Abingdon Division.

August 24, 2007.

Attorney(s) appearing for the Case

Donald R. Morin and Marc A. Peritz, Morin & Barkley LLP, Charlottesville, VA, for Plaintiff.

James N.L. Humphreys, Hunter, Smith & Davis, LLP, Kingsport, TN, for Defendant.

OPINION AND ORDER

JAMES P. JONES, Chief Judge.

In this diversity action by an insurance company seeking indemnification from an insurance agency for an alleged mistake in submitting a policy application, the defendant moves to dismiss the plaintiffs claim as insufficient. For the reasons that follow, I will grant the motion in part and deny it in part.

I

The plaintiff, Canal Insurance Company ("Canal"), seeks recovery from the defendant...

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